>> good afternoon i'd like to call roll at this time. meeting of the puc to order madam secretary call roll marry commissioner moran commissioner courtney commissioner caen and

commissioner vietor are excused we have quorum thank you, commissioners you have the minutes from the october 11th any additions, deletions, or changes. >> i'll move the minutes. >> second. >> a motion any comment any any public comment? >> all in favor, say i. >> i. >> opposed? the minutes are adopted public school item 4 this is a chance for people to talk about items on the jurisdiction and the first one is mr. da costa. >> welcome. >> commissioners for the most part i first and foremost i want to express my sentiments to our general manager you know his mother was not in keeping well and we always need to support our mothers you know

because they play a special role no our lives having said that, i was watching the deliberations at the last sfgovtv commission and we have to be very mindful of how we conduct our business when it effects the communities especially a community that is the southeast sector unabout known that played an important role in contributing a lot to the city the hifrtsz committee was first formed in the southeast sector before the human right commission was formed which effects all the departments in the city and county of san francisco as you may know or maybe don't know the community played an

important role in the 70's when it agreed that there would egging degrees things regarding the treatment plant and there was mitigation which was 18 oakdale so don't take the 18 oakdale one thing to stay something about dr. espanola jackson i talked to her daily and with her for a long time when they inspires me in my work. >> so don't take it lightly i'm watching i like a hawk i can promise whatever you want to or twhofr you want to say that and the another before you i know her intentions and some of the

intentions expresses we're dealing with very serious issues with the infrastructure but for you, you all in the know we have a situation now we have to deal with a bubble economic bubble for those of you who don't know economic bubble i will suggest you read on it the business times you can start with the business times so a couple of months we'll face the economic bubble and all the talk will go by the way side like shaft and those who have real plans plans with the imperial data will stand the test of time thank you very much. >> thank you, mr. drake mire. >> welcome.

>> thank you good afternoon peter with the tall river trust i was here a couple of weeks ago and expressed our concerns with the socio economic study on october 9th and since then is that i have been referenced in a presentation and they're included in a chronicle article yesterday i'm concerned it is putting us in an adversarial position we don't want to be there we've accomplished a lot working together and timed to share with you an analysis of the socio economic study and hope to get those to the two commissioners not here prototype look this and if you have questions i'll be happy to answer them or try i think there are opportunities to work together for example, really encouraging that my increased in stream is

proportional to dpishgs walk the sfpuc it responsible for a 20 percent over the last seven years we can do that and i'm concerned that the socio economic study is using a workload the 57 percent with a determination per the fourth agreement and my sense that is putting sfpuc on the record as acknowledging that will be the share now in presentations with the 125i9 water board we reverse reserve the opportunity to challenge the fourth agreement every time those figures are used it puts us in a position the issue of krib8g9 if you once again stand by the socio economic study that's where we are now but if you think there

are errors it is important to correct the record thank you very much. >> any is there any additional public comment? >> good afternoon commissioners eddy with bright line defense and sorry to i think data with you paper there's been 5 total letters that came out in the last week on an issue calaveras a state mapping tool that identifies the disadvantaged community in the need of investment through both green house reduction funds and whether that is workforce or environmental and others social justice policy making tools so the 56 letters are basically grouped into that as you can see

first is the communities coalition out of bayview hunters point and pleased to see calaveras screen 3 point owe bayview hunters point is included one of the things that is highlighted rooechd the caucus and the city let them we shouldn't be focused on hunters point but the bay areas is underneath the tool and you'll see this repeatedly in the mayor's cover letter the sf department of health letter, the san francisco public utilities commission letter and finally, the bayview caucus talked about how the tracking of the number is underneath the versions tool from 4.2 from all disadvantaged to merely 2 had the 8 disadvantaged and it didn't make

sense considering 19 percent in a densely populated area and 24 percent of green house gas emissions occurring this in the bay area and given everything this is said in the press by wraig income and quality when we look at the state tool we adequately identify the disadvantaged communities and are able to target the public dollars appropriately towards them so all communities can rise together thank you to 9 california protection agree so we could a look at other communities across the bay windows as include them appropriately and thank the san francisco public utilities commission for its leadership on the issue particularly harlan

kelly and policy analysis yolanda and finally senior environment tyrone that is the commission is familiar with with making sure that the bay area can rise together thank you. >> eddy amazing work on that amazing work. >> much appreciated thank you. >> any other public comment? seeing none, moving on to communication any comments questions about communication provided to the commission? any public comment on communication? seeing none, moving on to other commission business yes >> i promised to the brief i wanted to announce that the mayor's prehit a home run in glen eagles but public works and rec and park will be graduating

the ninth class at this point in time will be the winter so no classes in january over the course of the past weeks i've had communications with the folks at the public utilities commission and ask the chair to place an item on the agenda dealing with the workforce development to kind of have greater than arbitrate at the levels we often don't have an opportunity to have conversation with people in the field dealing with hiring practices but we've agreed on is this a career pathway especially for folks in the community with you talk about social justice can't just is that but what it means there is real transparency about what the exceptions are what the opportunities are and what the ended result when our successful so to my surprise there is still missing pathways in our own department that exist at rec and

park and henry's - how with we can come up with the clarifications and create that missing step in the career pathway but to examine what guess underway in some of the divisions that are under the guise whose revolved and what their rules and the exceptions are how the organize works and the like i feel like if we're going to lead the way we have to lead by example and i think there is still there is still a lot more work to do and hopefully chairman you'll take that under it is time and work together in 2017 a very good i

think that it is great idea and ask that staff work with commissioner courtney to make sure that the specific agenda addresses the particular issues we've had within the last 6 months anyway some presentation on office of economic workforce development buses the specification of the additional discretion. >> thank you commissioner moran but your private sector pathways it is prematurity for us to criticize what is going on in the private sector especially in the nonprofit that environment when we don't have our own house in order not to be unduly critical but to motivate us at the top; right? but then you have an opportunity to examine had is go on in the private sectors specifically with the nonprofit that the

agency is funding and what their mechanisms are for success job placement and training and fields supervision what have you so i'm looking forward to having a robust communication to make sure we tight things up and tighten the screws where they need to be tight. >> any other commission business any public comment on commission business seeing none, the report of general manager completely mr. kelly. >> thank you. the first item an sfpuc update barbara hale. >> good afternoon barbara hale assistant general manager for power i want to talk about our cleanpowersf with respect to enforcement and on the procurement regulatory

requirement first on the enrollment our program continues to successfully service customers over 8 thousand customer location we're actively serving 74 hundred locations have had a few converges opt out since the may enrollment period so we are now at a 2 percent opt out rate for the may enrollment group our fall enrollment efforts through way are experiencing a very low opt out rate as well 1.2 percent we received an additional three hundred and 67 upgrades to supergreen a result of one of the roach community thanks to the communications go group and to our partners in the stakeholder community that is up from 200 and 42 upgrades to

supergreen on october 11th customers continue to sign for the future enrollment owl recall that we are totter the first quarter of calendar year 2017 for the next round of enrollment 200 and 92 exercises couped u cued up that's the enrollments report moving on to the procurement i have been reporting at those session procurement efforts to meet the regulatory requirement i'll report out when we have commitments and today, the progress we've made to meet the long term contracting requirement of the state renewable portfolio standard we're required under that state requirement to procure zero 3925 percent of electrical sales is from the renewable compliant

resource for 10 years or more so that's the regulatory requirement we face given our electricity needed we are required to procure at a minimum about 40 megawatt hours a year that's a as small as amount, in fact, we don't have interested counter parties we've determined the best method to meet the requirement for cleanpowersf is for cleanpowersf to procure from the favorite counter parties hetch hetchy power we propose that cleanpowersf purchase in hetch hetchy a small strip of the generation from the sunset solar generating facility and we will bring that transaction to you for approval by our december meeting that's my report i'll be happy to answer any questions you may

have. >> thank you, commissioners any questions. >> any questions from the public. >> thank you. >> good afternoon. >> good afternoon, commissioners good see to see you eric brooks sf green party/our city/sf clean energy advocates. as well as the green party and local grassroots group of our city it is good to once again hear we've got an opt out that is basically one percent i think the main reasons for that we're martin this program as a clean energy program not a choice program and a clean energy program that will build logically we're looking forward i believe next month to get a preliminary report if staff about what they're looking at for rolling

out local build out excuse me - on the hetch hetchy matter i think you might have that on another agenda item i heard this issue of hetch hetchy was coming up i think that is a good idea because of way the particular hetch hetchy reservoirs operates and is already in existence to draw on hetch hetchy power and to draw on hetch hetchy facilities, of course, to put up solar panels and sell energy to cleanpowersf i think that is very important though for folks to understand especially with the new science that is merging that lapsing ohio power is not carbon neutral it releases meth and carbon dioxide you have a large body of water encouraging bio logical activities for mick crows kroebz

and other animals that releases methane a lot of reservoirs in temperate compliments didn't have that problem new study you shows it has that problem that traumatic trap ice cream the carbon if dams is added bad as coal we need to make sure we're mindful that there is a green house gas from the reservoir and the reservoirs and that has we go for an exemption for example, to continue to be allowed to use hetch hetchy power that is important as a transition we're not subscribing as carbon free or carbon neutral it is not i'll encourage you to have staff use the way they describe the request for that so that they're not saying carbon free or carbon neutral it is not true thanks.

>> that's an interesting point and come down to which came in first, the waters for reservoirs and generate electrical as a counterpart what you contribute to that methane to say - mr. kelly. >> it is interesting for to say dams are as bad as coal interesting. >> i'm sorry. >> eric mentioned that water stored by dams is as bad as coal i think that is pretty oh, okay. >> okay. >> okay. thank you back to you for additional general manager. >> oh, i'm sorry any more public comment i see i in the

back mr. freed. >> next a drought update steve richie and you took the words out of my mouth for water i've been pga on written reports for several meetings but we've gotten storm activity it is good to present to bring up the slides please a familiar chart of reservoir storage level it shows storage at the hetch hetchy is 77 percent and water bank 86 percent and total storage 78 percent so we're doing good on storage this is definitely above the levels for this time of year for hetch hetchy below the water bank but there is water coming in as a result of the storm last weekend and the storms we expect this week briefly statewide doma

pedro is close to it lake showcase at a doing well and others not doing wells certainly people are arguing if we're in the drought it xoornt what we do we'll operate the 1345u but concerns in the southern half the state there is little precipitation this year and we're not, true out the drought and certain the governor and the administration will be acting that way we'll following that closely and this is our precipitation chart we have on the lower left a beginning of a red line above where we are in normal times and blow the 1983 for a few weeks this is the wettest year we've had that may

change rapidly our - we have a wet october correlates fairly well with a wet year it didn't happen that way every year this is a happenstance so no show pack the roads are closed by the storm a sprinkling of the elevation nothing more than that here's the precipitation index and i saw results if yesterday and actually for october we have more than twice the normal precipitation for october up to 3 had the 6 inches with the precipitation so it doubled what we normally get in october with this the storm and the storms this week to come and the same in the bay area twice the

amount of perspiration for the whole month of october that was a productive storm the last weekends before this one. >> and then on the demand front the demand is tracked down this time of year where starting to drop with the curb of demand as we enter the fall reduce the fall in the irrigation and again, people are still conferring not quite as low as last year so the demand is still well below 2013 levels and that's all i have. >> okay. thank you. >> commissioners, any questions? comments? any questions or comments from the public? thank you mr. richie >> so the next item is the water bond sale results.

>> eric cfo commissioner moran and commissioners, i have a brief presentation on the results of our water bond fund on october 6th the pricing index closed this week and delivered tremendous savings to the rate payers may i have - just a few details the signs westbound $890 million a large issue and funded about one quarter of all our outstanding water bonds the average term was 13 years the sale date was october '64 weeks ago and were that funded outstanding resale and non-resale bonds one of the things we do as part

of a bond transaction is seek the credit rates from standard and moody we talk about that when i showed you the wastewater transaction on the rights of this table shows the investment grade ratings and you'll see triple a is the highest investment rating and the b minus is the second to lowest grade rating we are in the middle low double a if standard and poorest and moody and the reports cited operation and management and rate setting and physique expanding they needed our debt koefshlg rating and we'll be bringing idea in february when we are talk about

financial policy one of the things that we focused on this particular issue through negotiated underwriting through we choose the underwriter ahead of time - she heard radio spots and had a nice institutional outreach we recorded on online investor presentation and one-on-one

presentation with 15 institutions and one-on-one calls answering questions from credit analysts historically interest rates are very good which is why we saved so much money here's a graft of triple a that is over the last 10 years m m.d. is municipal market data for highly rates with a 25 year term this guess the index as you can see what it's been from 2006, 2016 as you can see where rates have been and rates are actually never historical lows since 1990s the m m.d. is only one .5 percent of the data not only through the past 10 years we had a good interest rate market

so pricing the bonds was interesting great attractive market sails some interesting trends that made it challenging but we're successful treasurer bills are rising with the u.s. election from rumblings will execution of exit led to rising us treasury yields a those yields ton to revise and historically level of supplies everyone was trying to get into the market before the election trying to take some of the savings off the table and the uncertainty off the table from perspective ordinarily $5 billion we priced with it was a short week and $15.02, 3, 4 debt price significant we had a

lot of competition a two-day order wednesday october 5th the retail order period received just over one hundred and $50 million from one and 88 investors has to do with with the strength of our local outreach program and most of those investors were in california and a good share in the bay area on october 6th took the deal and priced the institution we had over one billion dollars in orders thirty investors and a lot of the high diversification in the bonds issue and one .5 over prepared and adjusting the yields and ended up with a cost of the contribution with all the expenses of 2.85 percent and just a perspective the excessive deal on the wastewater enterprise from the spring was that .21 with a slightly

longer-term but very expensive rate and a money slide the refinancing generate one and $36 million in debt services through 200039 when you look at that on a basis one and $7 million or just under 12 percent thought as part of that that was refunded a tremendous savings and avoided the increase in cost that bend our wholesale and retail customers. >> just in closing he wanted to congratulate our financing team charles rick, mike brown and others for doing an outstanding job and nun it done in isolation steve richie

working hard to make sure the disclosure was correct and great presentations to the rating agencies and communication team as i mentioned pitched in as well as the number of at parts of organization so great team effort >> congratulations any commissioners comments any public school comments on this cola. >> i want to take the opportunity to thank mr. sandler and his team for their efforts to reduce the overall costs and we move to the future we certainly know that wsip they're not the end of what we have to do for maintenance in the system and as everyone we can save a little bit here and there so this is a significant percent

and makes a difference appreciate that. >> any other public comment mr. kelly. >> next item is the sum improvement program and communication update oh, charles. >> good afternoon commissioners charles acting director of the communications for the sfpuc i want to introduce a new employee that started in our department is christopher going to be giving a presentation he's our new communication manager when we think about all the public engagement the education, the media that we produce over the past couple of years leading up to major construction on projects we're kind of at the pivotal point talking with the communities, the team has been designing and planning the project and even though headwork

is beginning negotiation and after that we're excited that christopher is here to build on the foundation we put together over the past couple of years from planning and design to construction because that is definitely a communication pit so he'll talk about where we've been all over the place where we're going i'm going to turn it over to christopher right now thank you. >> welcome. >> thank you. >> slides up mr. great, thank you commissioner moran and commission that is i'm honored and happy to be here today as charles indicated i am coming out of a kind of very interesting and transitional

time for the sewer system just a brief backward for count last 20 years been doing communication training for bay area companies and spent several years doing nonprofit social services work i've a long term resident and existed on this project both for the puc and the residents of san francisco so let's see so my permission today is actually in response to then commissioner morans communication effort with the long call of the sewer improvement program but also the short term need for repairs for maintenance, and some of the quality of life issues coming up and have over time with odor and odor management and smaller construction activities around when part of

system fails or malfunctioned so i've actually being new to the team had an opportunity to review the outreach to date for the foundation work the team has put in place and looking for opportunities to provide a new perspective and some approaches as we move out of the bulk of planning phase and into some of the construction activities today my agenda i'll be as brief as i can i've review the overview goals with fulfills on the sources elements in the southeast i want to walk through through the strategies the essence of our communication activity and explain had you we manage the community exception through the

course of our exception and talking about the milestones and the key updates in early 2017 and beyond. >> so a permanent communication goal as you may know to engage and good afternoon with the stakeholder and neighborhood partners to help implement the overall sewer program to do this we must provide a wide variety of opportunities for meaningful and timely participation in those planning and implementation projects we also have to be sensitive to community values and local community issues i'll touch on that over the next few minutes in my presentation and i think that is important you you know one of the things i've picked up in talking with staff and getting a deeper understand you have a sort of philosophy of being a good

neighbor we work and live in the communities in which our facilities are sited or operate and being a good neighbor means we are acknowledge and respect the communities in which we work and operate we continue to build lasting and meaningful relationships that allow us to carry those communications beyond just the sewer system improvement program to help to revitalizes the communities we work in and we have to be responsive on a day to day basis to the quality of life both short term and long-term with the projects we're implementing so how do we integrate those goals into the day to day activities we have sort of identified or laid out strategies we use to guide the actual tactics and delivery of

the outreach and this allows us to provide those meaningful opportunities and manage activities over the course of action and for the most part that is what we focus on engaging people at the point of discovery going to the stakeholders and not making them come to us and traditionally hold and meeting and expect everyone to come to our event that makes it easier for stakeholders to be participate and allows us to better prepare for the engagement a better idea of what information to bring and what questions to prepare for so have that deeper dialogue with the shareholders i think an example of every time we get out whether to a hoermsz group or businesses socialization to have a briefing or a dialogue of a particular project we know the audience we

have historical relationship with them in most cases that allows us to prepare our presentation toe provide context the larger citywide challenges we face within a local context it allows us to bring in information about what is heaping locally maybe odor issues historically have challenges with or local construction in the neighborhood we're prepared to discuss that when we meet with the shareholders we track those engagements to refer to them for future references or items that need follow-up we fellow the folks immediately and use this approach with green infrastructure projects, with the southeast community efforts and with all the southeast projects we're currently working on another crucial strategy that we

use that yes, ma'am buys the lower than processes that idea of inclusive planning process we sit down with neighbors and shareholders around maps and other project information it allows these community members to participate in the planning process we get a much better informed community they feel a sense of belonging buy in the ultimate product and at the end of the day it is a better product with the collaborative engagement it allows the stakeholders to get a deeper understanding of the complexity and give us an opportunity to talk about the challenges in short term operation while seeking to have thought in the sustainability of the program in these less formal settings we move beyond the u.s. versus them

situation that occurs there is a rates representative in the front of the room and everyone else is in chairs we're in at table and allows us to get to know each other and those relationships that we build throughout the processes can be carried forward to fatally additional discussion about leveraging those investment to revitalizes the neighborhood an example would be the civil right one of the most important where do we cite the facility now we got relationships with the folks in the community they know many of us by first names and in construction thooel they'll work with us knowing full well the digesters to

operate we have many years to go before the in any solid digesters are in place and, of course, technology is racing by and all new things are coming up virtually everyday how to engage with stakeholders we're continuing looking to leverage technology it make that interesting and to create that two-way communication in realtime in realtime. >> it is also technology is allowed us to expand our grow grandfathers that is the most obvious and kids and students have been rather difficult to reach and technology helps us to extend our reach with the community an example -

>> we're also leveraging our arlts and education programs this is another way we're reaching a different demographic and united health care workers those ways to reach youth and other folks not interested we have expanded the tour program over one tours with students and youth programs and one and 50 tours in total and those tours give us an opportunity to talk to really a captive audience engages them around the

challenges with operating year around twenty-four hour system they can see the sort of the stwaugs search warrant much of our equipment and many of of our facilities the aging infrastructure, they can smell the aging infrastructure and so i give them a challenge of maintaining the current situation and creates a deeper understanding of the need for the major investments and technologies for the long term and we also have an incredible community benefits with all sorts of existing things we've continuing to get our arms around and particularly in the southeast those communities benefits initiative are ways to reach our audience and get in touch and have a dialogue about the pucs relationship to the

community in particular in the southeast and also creates another way to have a dialogue how we invest and leverage those overall investments infrastructure dollars to revitalize the greater community again, i think the perfect works is more recently around the south community in the last meeting the level of the excitement that brought to the community and as charles mentioned i mentioned at the beginning we're an important transitional phase particularly particularly in the southeast plan there we see really a transition happening from planning to construction when requires a different level of engagement much more pro-active from a driven approach it gives us a chance to plan for construction that will be happening in the springish time of 2017 i'll talk about

that in a moment but allows us to build on the collaboration through planning those projects we'll be going back to those groups and giving them update and how they want to stay in touch with communication in construction and gives an opportunity to maintain that dialogue around our desire to address current challenges and continue to monitor odor for example, continue to work on more of repair type of projects at the same time investing so for the long term and think with the transition to construction underway there is a lot of projects in the planning phase so we need to be monitoring and engaged again with the collaborative level with the community in which their planned or cited i know you've seen this schedule

graph a lot of time but this give us a sense of belonging from the consumption perspective how i look at those types of schedules or timelines i'm always looking for opportunities to bring new opportunities to the table we talk about project milling that's what i'm looking at each has an underlying component for example, in 2017 did southeast plan will have major milestones you know the draft eir the environmental impact report the digesters project in the spring that will be a major milestone and doing quite a bit of outreach london breed to that so they understand what that is in relationship to the mr. larkin and how to provide meaningful input to the formal comment pictures the head works project

will be a major milestone breaking ground in the spring and the two phases of the project with major milestones in early 2017 that sets the stage for early dialogue with the projects through the course of 2017 and a lot of areas where continue planning as i mentioned there is planning and construction going on inside of the plan southeast we'll share that with the community we're doing the seismic upgrade to reduce the odor and all that is happening many of those are underway in the final stages of planning and each project has its own project level outreach and engagement we see those and leverage those for the overall program and how we're responsive to community issues and managing odors

being responsive to concerns about upcoming construction but we talk about it in the context of a large specific effort to build and invest in our infrastructure that creates additional opportunities to revitalize communities in which we live and work and traditionally a timeline another visible tool we use to convey the long term nature the capital improvement we don't want to lose site about the many years ahead of us to fully implement the program but seek all of the various opportunities to bring to the table and to the discussion our efforts as a good neighbor with the community benefits initiative and generally speaking the overall story about the puc involvement in our commitment to the communities and i hope this helped to give

you a perspective what we've been doing and some of the path forward excited to be here and i'll be happy to answer any questions you may have. >> thank you, mr. coal wick any commissioner questions or comments thank you seeing none, any public comment? seeing none, thank you very much >> thank you mr. kelly. >> any last item is one water sf steve richie. >> if i might have the slides stylish assistant general manager for water i'm going to talk about a relatively new one water sf and starts with general manager kelly about 6 months ago challenging the organizations to

have a with only water approach i'll talk about that what that means in the industry and us we bridged that challenge that is with you with the information document so in the industry one water is described as an integrated implementation approach to managing finite for long termy sit up for community eco system needs that comes from the water research foundation throughout the industry hope have been talking about thinking of water as one whole thing not different types but one resource that is something of value to all of us so the benefits of one water maximizing the efficient use of our resources and financial encouraging collaborative thinking with the boundaries to develop new ideas for solution and the equipment of utilities to address the challenges before all of us

so one water in san francisco actually is something that has we've been doing for quite a few of the and how we think about how it evolved to be more disciplinary in historic times real estate the opportunities for clean power and looking at and hydro on the calaveras pipeline from the water treatment plant and using biproducts for bio gas and collecting water onsite for section golden gate and lastly using the kr50ir78d water and golden gate for getting the right water for the right use so we talk about one water sf we tried to form lists this in two phases the first one we're talking about the one sf water

vision a vision in guiding principles with one water sf and phase two is an implementation rolled back what it means to cavity this in our organization so the vision statement we've developed with our with only water sf approach san francisco will optimize the finite energy resources to balance the eco system needs creating a more resilient future there is a lot of work but doing the work better, smarter and creating a better future as a result guiding principles a set of 8 their laid on the page i'll not go through all of them about first and foremost matching the right resource to the right use in terms of water quality but means in terms of water quantity

and other physical aspects and looking holistically with the water and power and develop the public policy and working with the cross the traditional boundary we are thinking outside the box every time we're facing the challenge and the last one the state of the art technologies with new best practices so get smarter about, about how we do our business that is the guiding principles how to approach thinking and work as one water sf we put this together as our one water system it is really everything from snowfall to liquid materials is part of a one water sf and shows here but also shows energy come outs of the system with the hydro power

at the wastewater treatment and the solar panels developed here and there and a good way that is one thing together it cuts across the 3 enterprises not just water not just power or wastewater something we are doing creating and collectively it is thinking about how we view our work in the guiding pertains how the project is designed for the appropriate use my favorite example there is questions about converting too much water our sewer system is to the operating properly we need to think about the system as a water displaced to transport waste what kind of water to where it be recycled water but not put you pure

drinking water we can do lots of things think about 9 good ways to do that and to the better utility all the projects opportunity to impact and benefit other resource areas how can we work across the regional boundary with the puc to provide the misrepresent benefits and how we partner with the private sector and again pioneering technologies not on the bleeding edge but close to it get out in front of new ideas to expanding that over time as i mentioned we've got the approach and identifying one water sf opportunities we want to develop the tools to help to expand the

one water sf it officers to enhance the work we're already doing we meet our resilient future for san francisco but thinking across the lines and thinking outside the box and being creativity in everything we do and this is not a water i'm the water enterprise but not a water effort that is across water and wastewater and power and barbara and others h e m united health care workers the organization and the staff led by paula from water but they've been engaged in this as well this is an exciting future for us and we're moving forward into it >> the one thing i'll add that we are now seeing a lot of effort not only within our own organizations income tax but with the board of supervisors

with the management of storage water and diversely our water system and looking at the decentral station approach and this effort will help us kind of get auto all that and at the same time looking all the rates and the reduction of water how it effects our water and w5ir7b89 rates and impacts our water if we look at the logo it really, really spells out one water one drop represents all 3 of our enterprises so i'm very excited about that effort paula led the team and folks from wairnlt a power and steve richie this is speaking we're passionate about and wanted to talk about that we can work across the boundary water and wastewater and power to work together owe r on how we can

produce a better product to our customers working together so really excited about that system. >> the idea of the sources from the water demand is intriguing. >> a fact of life. >> i'll have to think about that for a while thank you very much any commissioner questions or comments public comments? mr. brooks are you rising to comment >> yeah. comment. >> eric brooks sf green party/our city/sf clean energy advocates. i'm going to make my annual pitch i think it maybe a year so first of all, it is great to see this this is integrate systems approach to all these wastewater water and power systems that is crucial integrated network that is what the future is about this is good

to see this materialize with our staff on the last note that you spoke to commissioner moran this issue that the sewers need water well, here's my pitch again, a few years ago i got up here and state your name for the record for it and tom did a study on compose and toilets if you reduce the stuff that is going into the sewer system you need less water to move if you redesign the sewer system interest i want to remind folks if you crunch the numbers in the study that tom ammiano and his staff did if a one hundred of the toiltsd were changed to composite it would save 5 billion with a b 5 billion gallons of water that's probably unrealistic but if we replace a

fifth of our toilets more than composite toilets save over 5 billion gallons of water a year and that prevents waste from the system we're hearing new pilots i want to pitch we need to have a pilot of 4r5e9s two or three different models of urban composite and toilets to see how they work and hopefully in building golden gate and then i wanted to add previously to my comments the reason i'm saying that is important we not market our hetch hetchy power when there is carbon release not necessarily because we're doing ♪ bad using the power it is a net benefit but if we market it aggressively that will encourage new reservoirs be built that's a

problem we need to avoid thanks >> any other public comment? mr. kelly >> that concludes my report. >> okay. thank you very much. >> next item is the bcould roster. >> thank you commissioner moran nicole ceo with bosca can i have the slides so i wanted to take my time today to provide you with information i gave to our policy committee earlier this month they find helpful in light of the figures about what we're seeing with reductions going on throughout the state and drought so this information is reflecting the report data for the agencies that have recorded to the state this is 22 of our 26 customers 4 of them

are of such a small size report in a different manner that is chart is showing essentially the reduction that these agencies their customers achieve from the mandatory period from june 2015 to august 2016 reduced an average of 26 percent over that period and i'll remind you, you during that same period the mandatory reduction they were under was 15 percent across the board so nearly the doubling of a mandatory reduction through 3 period. >> in the last month we've heard the state and others in the press are we letting our foot off the gas too fast for customers this slide shows the

savings basically june july and august 2016 since the state put into place the new certification requirement over that most the savings reductions were 74 percent not letting off the gas but still a significant number and call that state through the process allowed did agencies or required the agencies to self-certify through a specific formula how much are you required to save moving forward and for those 22 agencies you know railway recall for the cut back of the 22 agencies only 3 of them have required cutbacks following the formula for specific reasons o reasons and

hacking with your issues but local supplies issue and collectively that represents less than a one percent required reduction across them as a whole again, we're operating in the situation where there are customers that are achieving 24 percent reduction in the face of less than one percent reduction for the region so to me that represents a significant savings we're seeing a different way to put it as you recall we were using a graph through the mandatory period the chart the column on the left is essentially what is required savings again starting in june and what is achieved is neither here nor there 6 billion gallons over that 3 percent above what is required a significant amount

of savings and lastly one of the question is often how did we achieve those savings we don't have a full analysis what we know is residential customers really step forward in the service area prior to the drought the average use in the residential use in the bosca area was around 78 gallons per capita per day it went down to 60 as an average four residential customers and in fact, 9 agencies less than 35 gallons fiscal year 2015-2016 so this is a very different figure and different set of results on per capita in the residential in many parts of california it is critical for us to remember we

saw we see the 3wru7b9 find drought and who step forwarded and were able to save the reductions and shield us from other impacts so with that, i'll conclude my comments i'm available to answer any questions. >> any commissioner questions or comments? thank you that is a it would be nice visualization of what is going on i appreciate your bringing that to us >> good you're welcome. >> any public comment? okay. seeing none we monarch to the consent calendar madam secretary call the item >> item 9 is the consent calendar and we won item approve the beach corporation with the award number for an amount not to exceed $2 million plus over a duration of 4 years. >> thank you anyone on the commission like to remove this from the consent calendar? >> anyone from the public want

to remove this from the consent calendar seeing none, can i have a motion? >> so moved. >> thoekdz any public comment there. >> all in favor, say i. >> i. >> opposed? the consent item passes moving on to the regular session please read item 10. >> authorize the changes to go solar and authorized the general manager to submit to the board of supervisors an ordinance making changes to chapter 18 of the environment code. >> hi commissioners barbara hale assistant general manager for power about two meetings ago we discussed the fact we need need to integrate the cleanpowersf and go solar the item before you performs that sdwrags via an amendment of chapter 18 of the environment code consistent with the earlier

conversation really focuses on 4 things insures that recipients of sgrar and either the cleanpowersf or hetch hetchy program, improves the protecting and environment justice incentives perimeters. >> it steps down the incentives in order to reflect the lower cost of solar and extend the dollars and it allows for us to develop a additional distributed energy programs incentive programs specifically for investor of ample system for storage and for electrical vehicle this item if approved will then move there the board of supervisors legislative process to make the amendment to

xhaert 18 of the environment code with that, i'll be happy to answer any questions you may have. >> commissioners, any questions. >> i have one barbara can you caption what the outreach process has been with the various community of interest where they stand on this. >> we have prior to the last conversation we had a number of outreach events through the solar task force that was the organization if you will where go solar sf was born and it includes both stakeholders that you see before you here on a regular basis as well as fuller installers and representative the programs the state administrative code program for protecting patients for solar and installations a broad range of folks and 3

separate sessions gopher we we saw a possible possible changes and understand those are comfortable changes for strikes the right balance and improvements for the programs for sustained the actual language to the resolution and agenda item before you we expect will be powder over and put back together in between and the legislative session. >> okay. thank you and this is something that we've been talking about for sometime, i on the tying of two programs together is timing and quite important so i appreciate our bringing that public comment? mr. brooks >> good afternoon again eric brooks sf green party/our city/sf clean energy advocates. california cal's for empower

choice so i didn't get a chance to read the faculty document but hopefully it is prioritizing customers of cleanpowersf it not excluding other customers that might want an incentive especially nonprofits or low income especially, since we're not rolling in all the customers at once and maybe be as much as a few years before all customers are in cleanpowersf so it is hopefully as that moves forward we've keeping mindful of that and then i want to reiterate a pitch i made earlier about incentive siding solar it is a limited part of a much bigger divided portfolio and i think that is time to evolve this program we're providing at the same time incentives for solar and incentives for efficiency and maybe small wind and most

definitely incentives for barratry storage because where the transition of knock it out of the park battery storage were more accelerate customers taking us up that the ability to getting incentive for solar when their adrc the batteries at the same time right now the batteries are too expensive we need to add those and observer we should add energy efficient measures when most installers install solar it is automatic they set up energy efficiency in the home at the same time so let's start evolving this we're integrating battery storage and

efficiency at the same time and providing an incentive across the board for all the things integrate together on a home business system. >> thank you mr. fried. >> hi jason fried, executive officer. i've stated many times this is a good idea good expect moving forward and integrating cleanpowersf and other programs together i encourage you to move forward having said that, i agree with mr. brooks we should creating a said before creating go battery sf and combrsh for lack of a better name and going through those programs and creating sflefz to do that he and not the one thing stepping out out of my role not cutting

off the po u customers in their your energy customers we should be looking at ways to integrate not on through camtc but keeping in mind you'll potentially creating mia grid i know there is a fight with pg&e how electrical to for example, the shipyard or future treasure island development we should be looking at how to integrate that and giving the incentives could give the building great incentives not only for solar but doing the battery storage on that side to create for energy and store it onsite and use it and going across pg&e wires less a lot incentives for the po u that benefits the po u customers

and pg&e customers at the same time. >> yes. at the risk of 74th annual memorial day like a broken record i'm disappointed to say the at least when you talk about those kind of changes no discussion that i've been a part of relayed to the workforce and the task and related to the exceptions any training programs any certification hirsch's i'll be that broken record and talk about i'm tyler of hearing social justice in connection with workforce development and creating pathway not getting a definition of that and if we want to be leaders we have to actually put putting your money where your mouth is and incorporate those kind of key programs into our programs we're funding it no training, no outreach no communicated

outreach no community workforce at all as we move down the road and using go solar we've had that model for quite a while i don't know if there is someone with us that is a workforce expert or i can't figure out how this conversation is not take place. >> what i can say is that as you know go solar we have worked with the mayor's office of economic workforce development y cd we have sort of a quasi pathway to the go solar and used to hire from goodwill but now hire the mayor's office of economic workforce development i'm not saying that's a perfect path we're talking about now is not modifying the actual hiring

- well, i think in some sense we are talking about good save source as because one of the challenge was that a lot of the vendors didn't want to participate because it was difficult to keep an employee for a long period so we had a good faith i agree when we start looking batteries and 09 things we have to see what the workforce is but this is related to the go solar i think that maybe when we give the presentation that you requested that we can probably sit down and maybe talk about what opportunities that may present themselves because we start doing what type of you know

renewable projects and where they're located then we can define what it is and the workforce to build it we've done a jobs report remember we did the jobs report rae radio try to implement that and try to determine what jobs and type of training programs we'll do a deeper dive to do the things you've talked about you're right so many opportunities to do apprenticeships programs and we're on board we'll do the things you have been asking about. >> thank you thank you any other commissioner comments? public comment? can i have a motion? >> so moved. >>

>> there is a motion and a second. >> all in favor, say i. >> i. >> opposed? that motion carries madam secretary. >> item 11 authorize the memorandum of understanding between the transportation authority and the sfpuc. >> mr. carolyn. >> deputy general manager it is straighter we're renewing our contract with tida. >> any public comment. mr. brooks. >> good afternoon one more time eric brooks sf green party/our city/sf clean energy advocates. ink this is just the renewable of a memorandum of understanding it is important for the commissioner and the staff to understand some dynamics with treasure island development authority board and also on bayview hunters point projects it is finally come out after

oath pressures from grassroots organizations and company called technically are technical that is doing chemical test was falsifying it's tests and records to make it look that was not toxic chemicals and maybe pressured to stop using technically are tell the jury and so for is claiming we that they and a half they're still doing testing for chemical they were criminally falsifying data and doing bad work with the sfpuc comes in is that your staff and workers need to be mindful if so a problem that is not fixed to put it bluntly the

district 6 supervisor that is in charge of treasure island and the district 10 supervisor in charge of bayview hunters point has not done anything about this and so this puts it on you as an agencies to make sure your staff and workers know there is an issue with those tests and there's an issue with potential for danger to workers and the public and what if you're doing construction work and installation work i want to put that on the radar screen that issue is a real issue recorded in the press and your staff and you should incorporate understanding that as you move forward with services on bayview hunters point and treasure island. >> one thing supervisor kim and supervisor avalos notified it is kim and not avalos but kim

and cohen supervisors i have to be honest for many years i mean at least 5 years probably more members of the public have been repeatedly going to public hearings saying don't approve those projects they're still radiation danger now the evidence is coming out more evidence is out there is radiation danger and especially now that at the time are tech was falsifying it is easier to get transaction so i'll sailing we've been take the opportunity if that is obvious because of the criminal problem causing part of the problem and the supervisors not acting on it we need it agency to doing everything we can to keep the workers save and understand what is going on with the toxic chemicals and other things on

the sites we've not readily. >> thank you. any other public comment. can i have a motion? >> so moved. >> >> all in favor, say i. >> i. >> >> opposed? the motion carries. >> madam secretary. >> item 12 authorizing the memorandum of understanding by and between the sfpuc and the science center not to exceed seven hundred and 73 thousands plus and with the total duration of 60 months. >> mr. richie. >> steve richie assistant general manager for water this is a mou to allow us to engage in a historic ecology wastewater study like in the alamed waterfront to make sure we have a deeper understanding the history of the natural history of water shed to make sure that we are taking the right actions

to protect the actions and interpret the water for the public and the other folks out there so it is very straightforward item to accomplish that about seven hundred and 75 thousand dollars who is the aquatic. >> they're a j pa between the state control board and the bay area clean it is an adjunct of the original work they've developed in the last few years it is managed under the aquatic science center. >> commissioners, any questions. >> any public comment? thank you. can i have a been seconded. >> all in favor, say i. >> i. >> opposed? that motion carries.

>> item 13 approve on meantime to the generating program to license public utilities commission street light poles to approve the conditions and authors the poles in a master form of pole license subject to the board of supervisors approval of each master license. >> thank you barbara hale. >> barbara hale assistant general manager the item before you takes an existing authority that you grant us and amendments to have distributed antenna installed - previously you grant us the authority to work with the communication carriers to allow them to put the facilities on the steel poles that allows them to put their facilities on the concrete poles

as a condition they'll need to replace the deteriorating poles with the newly fabricated poles that matches the poles that remain on the streets that support our street light but the described antenna system equipment we have about 7 three hundred concrete poles in san francisco this will allow the carriers to continue to rent that, if you will, space from us for those facilities with that, i ask for your support. >> thank you, commissioners. >> any public comment? seeing none, can i have a motion? >> so moved. >> and motion and a >> all in favor, say i. >> i. >> opposed? that motion carries item 14 i believe we have a replacement resolution that is provided to the commission and available to the public and we

will be hearing that replacement resolution. >> madam secretary. >> item 14 for the the termination of sewer easements within park merced near 19th avenue approve the terms and conditions and authorize the agreement and approve the temps transferring the interest in the easement to packard owner, llc. >> the title says it all so move it. >> i'll second. >> there is a motion and a second any public comment. >> all in favor, say i. >> i. >> opposed? that motion carries thank you madam secretary. >> item 15 approval for amendment increasing the agreement up to $19 million plus

and with the time extension up to 3 years. >> ms. happening. >> good afternoon, commissioners assistant general manager for infrastructure and in march of this year, the commission adopt the schedule and budget for sf and the 2.9 in phase one that was presented by the program management and in phase one were pushed out anothers a few we are eliminated and projects that are reduced scope and others had scope increases and scope refinements has part of those changes staff provided for detail and revisited it in house and consultant resources necessary to complete the projects that have scope increases and refinements and looking at those projects we identified the

headwork project needing additional public utilities commission and consultant design and design support during the construction services the original contract for the planning services and design services for a smaller scope of work on head w we're asking for additional services for the larger scope of work and design support during construction we are asking for the amendment to the contract with the engineers by 19.5 for a total value of 33 point plus million dollar we've not completed the review of all the consultant contracts which are either environmental or design related contract but will be continuing to do that and coming back with you with other requests to amend levels necessary to complete the projects that were adopted in march and one of those are bio

solids. >> thank you though this is in a way implementation action for commissions already taken. >> yes. >> and other items coming down of a similar nature can you make sure their identified that way so we know this is not new business but basically a rebaseline we've reviewed as you've done or done her keep that going forward in the same manner i'll appreciate that commissioners questions. >> public comment. a motion please. i'll move second. >> moved and >> all in favor, say i. >> i. >> opposed? that motion carries. >> item 16 approval of amendment to agreement flaring the agreement up to $250,000 for

the time extension up to 5 and a half months. >> ms. happening. >> this item is necessary to complete the negotiations we need ore work c m to resolve the outstanding claims by the contractor. >> thank you commissioners i'll move the item. >> marcus book store any public comment? >> all in favor, say i. >> i. >> opposed? that motion carries. >> item 16 finding forever the california public utilities commission for the contingence in the amount of 4 hundred plus in a corresponding contract duration contingency of up to one and 34 consequence days and authorize the future modifications to the contract. >> thank you, ms. hap.

>> you've approved the construction budget for calaveras dam this is the contract that goes with that and this contract amendment for modification will follow within the baseline. >> commissioners. >> any public comment. motion please. i'll >> >> marcus book >> all in favor, say i. >> i. >> opposed? that motion carries. >> item 18 approve finding declaring and 59 thousand square feet portion of roger park on napoleon and caesar chavez street is surplus to any sfpuc utility authors a memorandum of understanding with the public

utilities commission for the transfer of napoleon site for the public utilities commission to the sfmta of the 64 thousand plus square feet property under it's jurisdiction located on 1801 jergd avenue and authorize a request to the board of supervisors and the mayor to approve the jurisdiction to the terms of mou. >> thank you mr. carolyn. >> this is a very simple item we're actively changing our napoleon for the site this is at the request of the public utilities commission to expand and it is actually beneficial for us it is asphalt next to the southeast plant we want more flexibility in the future. >> thank you, commissioners. >> i'll move the item. >> second. >>

>> all in favor, say i. >> i. >> opposed? that motion carries. >> madam secretary the closed session items. >> item 21, public - employee personnel evaluation for the general manager the infrastructure public utilities commission 22 an existing exclaim of martel and from the litigation for corporal and incorporated versus john martin eastal with the construction series the sfoivengs et al and item 24 anticipated litigation as mr. davis and items 25 through 30 will not be heard today. >> any any public comment? for the items calendar for closed session seeing none, can i have a motion to assert the

attorney/client >> next year is here yeah. >> okay. we're back in open session an approval of a settlement no other other action can i have a motion to disclosure. >> i move not to thorough any public comment? >> all in favor, say i. >> i. >> the motion carries item 31. >> item 31 adapt a resolution authorizing the yerba buena gardens general manager for the position of just a minute general manager for kathy republican howe. >> commissioners

marcus book store >> i. >> opposed? that motion carries other new business? i have one item could super bowl 50 look at what it takes to replace those lousy screens that is an embarrassment >> you have to look at that one. >> you can see someone 20 feet away rather than something that is in front of us and a status report and some way of feeding it into the ipads that would be helpful. >> we're using directors desks so if you look at directors desk you can see the slides you can zoom in i mean, you, really see it on the screen so, yeah those

- >> there's the ability to have someone take control over what you're looking at i don't know the best way but please dear lord give us relieve. >> we've look at the screens two problems the xrn cuts off the bottom of shades and in case you haven't noticed the coloration certain colors is awful you lose a lot of the of the imagery we identified that is as a server issue not a material but between the two and they need money to replace that we're looking for those screens we've not dealt with those. >> and some of these are wavey lines that's my new business anything else. >> report on the chairs.

>> yeah. and remember those support things any other vitally important business before the commissioners this meeting stands adjourned >> how is everyone doing today? all right. so we are here to announce the grand opening and cut the ribbon on duc loi pantry. how about a big round of applause? [ applause ] as you all know, duc loi is a long time san francisco business that is expanding and opening here on 3rd street in the bay view, filling a vacancy on 3rd street, bringing good local

jobs, and providing fresh produce to the neighborhood and the community. we have a number of speakers here who want to celebrate this milestone and important occasion and beginning with mayor lee, supervisor cohen, assembly member david chiu and howard ngo, the owner of duc loi and anthony page an employee at duc loi and the assessor-recorder carmen chou and without further ado, mayor lee. [phra*-urt/] [ applause ] come on up, the school district and school board is here as well. come on up. all right. congratulations everyone, you now have a local grocery store! [ applause ] >> you know, i want to say thank you to you and the staff for working so hard with the supervisor's office and all of the neighborhoodss and with howard. let me say this, good things

just don't happen. . all right? for this community a lot of good things never have happened, but when they happen, it's because of good leadership, steady leadership, and i'm proud to have worked close, shoulder-to-shoulder with supervisor cohen, with her staff, because she has been passionate about getting -- passionate and patient. because we have had stores here before. we've talked about the dream of having people more healthy in this neighborhood. and we have never forgotten that. so kind of like what we're always doing in the bay view, it is new, but it's really fulfilling an old promise for people who have lived here for generations. promised that you will be part of a city and you'll be healthier and all have more

housing and you'll have neighborhood grocery stores and, in fact, i kind of think that is why they asked me to come back here early. they wanted to put me right next to the vegetables -- something was talking to anita too much, put meg putting me right next to the vegetables, with no candy or nothing, but vegetables. [laughter ] >> no soda - that is right, no soda. i'm excited for our neighborhood, i'm excited for san francisco. because everybody belongs and everybody needs to have a connection to healthy lifestyles. this is part of that promise. you are going to get better parks. you are going to get more housing. you are going to bet a lot of seniors taken care of with the dignity fund and you will get a lot of thing because you are part of the city of san francisco and i don't want people to say and feel that they feel isolated here.

this 3rd street corridor is amazing. it is hot, it's really a great part of the city and we're going connect up even more when the central subway gets finished in a couple of years. it's exciting to be down here and quite candidly it's probably the most affordable place in the city right now. so i want to say congratulations to all the neighborhoods advocates who worked tirelessly to say we're going to be patient. we're not just going to invite another liquor store or something like that. we're going to get the right kind of food, the right folks, the people who also say -- and by the way, opening up a business, you have 16 new san francisco jobs, 7 of which are filled by residents of this neighborhood. how about that? you [ applause ] . >> that a commitment. thanks to our workforce people thinking about that as well because we have to do all things right by this neighborhood. we can't make mistakes

because mistakes have been made in past and we're always trying to recover from something. let's celebrate this as a good thing from the jobs to howard, the great owner, to the employees who are going to be here, to the fresh vegetables, and the good, healthy life this represents. congratulations to everybody in the bayview, third on 3rd, that is why it's happening. thank you. [ applause ] >> thank you, mayor lee. there is no greater firster champion for any distribute in the city than your supervisor, supervisor malia cohen and for my part i'm going to be relieved now this is open, that to not be getting the call every day of the last month when is duc loi going to happen and i'm happy to say, supervisor, today. [ applause ] >> good morning everyone. >> good morning >> i think i just have one word -- finally! [laughter ] right? finally.

and if you think about it, it's appropriate. here we are in the fall time, traditionally when farms begin to harvest. we planted the seeds years ago, and now we are bearing the fruit of a grocery store, full service, right here in bayview-hunters point, finally. [ applause ] >> that is incredible. i want to acknowledge the bayview residents that have worked with me for the last three years on trying to find a grocery store, a provider to come in. thank you for being patient. thank you for being thoughtful in your feedback. and for those of you overzealous neighbors thanks for reaching out to other grocery stores when you didn't think i was doing enough but i'm here to say also this is really the beginning. this is beautiful. this is a beautiful jewel

our community deserves. no other community in san francisco should go without options to healthy food. aim wrong? am i wrong? could you imagine, this community has been living for years without a grocery store. let me tell you a story how i have come to know duc loi. three years ago when my staff and with my were brainstorm and drafting letters to send to different retailers across the united states, one of my staff members came up with the idea about going to visit duc loi. so one day after work, i just went simply into the store in the mission and walked around, up-and-down the aisles and i believe i bought in oxtails -- [laughter ]you remember that? salt and pepper and howard didn't know who i was at the time. amanda didn't know who i was at the time, but i interacted with both and i was in the store and amanda said do you need help? no, because at that point i

knew that i found what i had come for. not only did i find great healthy food options at a great price, but a found a phenomenal family-run business that paid attention to customer service. so when you come into this store, you will be greeted by howard, who is the owner and the operator. and his right-hand woman, amanda. up-and-down the aisles, they know the store like the back of their hand and that is a gift. we don't need a cold, corporate entity. we need someone to recognize the uniqueness and the beauty and the charm that is right here in the southeast of san francisco. there are many people that i want to thank today. todd, jokingly mentioned my harassing phone calls for about a year. but there are other members of his staff that i have harassed. i want to walk joakim torres [ applause ]

and to represent a bayview resident and i think she got the brunt of my wrath. i spared you, mr. mayor. i just went straight to the staff. i didn't even bother you about this. i didn't. i want to recognize michael, are you here from the produce market? [ applause ] . >> incredible, incredible -- he is out there in the back. i see your hand mike and to remember the neighborhood partners bayview heel zone or southeast food access? [ applause ] and just again in closing the community in general, the neighbors that i see from the various hoas and homeowners, people committed to make not only this corridor thrive, but the entire community. and remember, this is the fall season. and we are harvesting the seeds that we planted years ago. and i want to say thank you. [ applause ]

x thank you supervisor. our next speaker knows a thing or two about small business as a small business owner himself and a member of the small business commissioner and former board president, i'm proud to announce and welcome assembly member david chiu. [ applause ] >> good morning! do we have bayview in the house today? is the sun shining on the bayview today? are we believing today? i am so honored to be part of this conversation in part because this is personal. i think many of you know that i have in my hands one of the newest residents in the bayview, my son, who is ready for a game today, but is also ready for this grocery store to be opened. when my wife and i moved here, we experienced what we all read about, what we all know about, the reality of a food desert. of what it takes to have to plan for 45 minutes or an hour for one of us to take a trip halfway up the city to

a safeway or trader joes to get fresh food. as the father of a newborn we know how important it is for our kids to have the freshest and healthiest food possible. so i want to just thank all of you for being part of this long journey. when i was president of the san francisco board of supervisors i remember speaking to mayor lee's processor and supervisor cohen's press sore predecessor and thank you all for chasing 120 possible groceries before duc loi came here today. this is a long journey, but i know this is going to be an amazing spot of community. this is going to be my neighborhood grocery. i live six minutes away and i look forward to seeing many of you here. i tip my hat to howard and

all the workers that are here and i look forward to all of the amazing food we're going eat. have a wonderful day and go giants! [ applause ] small business owners pour their heart and soul into think business and no person i think exemplifies that better than howard, who this, as i understand, is a 25-year culmination of entrepreneurship to this business, howard ngo [ applause ] >> good morning everyone. thank you very much for coming by today. i am very honored. [ applause ] to see all of you here. thank you. as you all know, the community here and neighbors here have been waiting for this for the last three years. when i took over last

september, the city supported us, the community supported us and the entire year for 12 months and finally today, i am so happy. we are done, and now we're going to open it up. i'm so grateful, and we are so grateful to the city of san francisco especially mayor lee and his office. [ applause ] and supervisor cohen and all the staff and planning department for helping us, especially the community here. and we will work even harder to bring good food to our neighbors especially at a good price. how about that? [ applause ] i try so hard personally to bring coffee to serve the community, but now that we open might be two more weeks

due to the construction. thank you very much for all of you toe. today. thank you all for being here. [ applause ] mayor lee and supervisor cohen's charge to our department is not only to create good jobs, but make maug sure it's the residents of the community that get those jobs and i'm proud to invite up anthony page, who will speak to his role here and his new employment opportunity here at duc loi. [ applause ] >> how is everybody doing today? >> good ! i'm feeling good. i'm feeling excited for the grand opening here in the bayview district. i'm also a native of the bayview district and i grew up here right up the street. so once i heard about the grand opening i was now i can just walk to work or just get on the little train right there. it's good working for the store. with howard and his family,

giving back to his family -- his family giving to me and helping me with a job and hiring me. i will do whatever i have to do to make sure our store satisfies the customers in the bayview district community. come by, shop here, you know we're fun -- we talk. we get personal, too. i do, you know? [laughter ] >> if the line is long, i won't -- meet be another time. [laughter ]stuff has to be done, right, howard? [laughter ]. stuff has to be done. or i have to deal with him and i'm just excited as you can see i have a big smile and i hope everybody has a good day today and just enjoy your day. this meeting is reasonable for the grand opening, all the hard work, you know? this is a big accomplishment

for them and the bayview district and now you don't have to go super far to get groceries, just come down the street and shop here and i look forward so seeing everybody and helping you before you walk out our doors. have a good day! [ applause ] >> now our next speaker is perhaps the most important speaker of the entire lineup because the assessor-recorder is the one responsible for making sure she brings in all the money that we're able to invest in great businesses like duc loi and without greater ado our assessor-recorder carmen chiu. >> i really just have two points that i want to make. first i want to give a very, very big thanks to not only mayor lee and his staff through todd, but to supervisor cohen, having been a district supervisor in the past, there is no bigger difference than how hard your district supervisor advocates for you. we have been very fortunate in last month to have two really exciting opportunities

that opened up in the bayview. not only this great super market, but a senior center that recently opened up and none of those opportunities this super market, nor the senior center would happen if you didn't have such wonderful leadership with supervisor cohen and please join me in a big thank you to supervisor cohen. [ applause ] and the second reason why i'm here this is something that is deeply personal to me. my parents were small business owners and my husband's family shared the same story as howard and amanda, where they were immigrants, refugees from vietnam and they stayed in indonesia and they made it and struggled in san francisco and eventually create a bright future for their families. so to howard to, your family, i want to say thank you for not only taking a chance on san francisco, but also taking the opportunities you were given to invest back in our communities. this is what happens when we do it right.

when we invest in our local merchants, when we support our local merchants, they in turn give back and they in turn hire back in the community and they in turn take a chance on communities that are overlooked by everybody else. so with that i just simply want to say thank you to all of the leadership that was involved in making this great day possible and thank you, thank you, to howard and to your family and amanda for really being part of our community and helping us to be better. thank you. [ applause ] >> thank you, assessor. and just finally i did want to go and recognize just a couple of people here, kelly from cdc financing and earl, raise your hand if you are here from economic development on 3rd? the hotel produce market and i think eddie is here representing them. sharma, board of education and i saw you earlier. and then just the incredible staff, a quick plug for the oewd staff, joakim torres

and angel from the development center and holly, and louie from the workforce team. thank you all so much. i think we're going to do the ribbon-cutting now. [ applause ] it's very good luck.

>> the notice of meeting a paragraph headed meeting decorum. it reads as follows: the ethics commission encourages and promotes integrity in government by education and example and is committed to treating all staff members of the public and colleagues with courtesy respect objectivity and fairness. members of the public who attend commission meetings

are also expected to behave responsibly in respectfully. persons who engage in name-calling, shouting, interruption or other distracting behavior may be asked to leave. the following behavior or activities are discouraged inside the hearing room. applause or vocal expression in support or opposition eating or drinking profanity and physical aggression in accord with the board of supervisors walls of order 1.3.1 signs regardless of content or message is strictly prohibited. this prohibition does not apply to clothing which includes signage and to clothing, messages displayed on clothing, pins hats or buttons. if the chairman is unable to obtain voluntary compliance he may seek assistance from the sheriff's department on call. this provision supplements

walls and policies adopted by city hall. the sheriff's office and the board of supervisors related to dick corum riveted conduct or activities the ways, etc. is not meant to be exclusive. this notice will appear on all future notices to interested persons of meetings of the ethics commission. i will call now for any-any item number two for any comments, public comment on items on the agenda were not on the agenda. and i will-i would urge people if your comments are related to item number seven[inaudible]

>> are you taking comments on meeting the quorums? >> i'm saying i was just reading from the notice and him simply now asking for public comment. if you want comments on the decor that is fine. >> that's not public comment item 2. >> no.i would ask you to put the sign down, please. do you want me to ask the sheriff to come spewing i will. would you call for the sheriff? you've got a sign on your shirt. that should be enough. >> [inaudible]

>> go-ahead >> on larry bush here for friends of ethics as well as to represent us. i want to bring you up-to-date on the current list of endorsements from proposition t the bout measure put on by ethics. i've only one copy but it's a voluminous. i'm happy to report that all members of these san francisco delegation in sacramento have endorsed it. all members of the board of supervisors have endorsed it. i think there are 31 community-based groups that have also endorsed it. to the best of my knowledge there was five groups that opposed it. so i'm not sure we can deliver the 90% vote that chairman renne asked for were going to do our best. >> commissioners, snuggle i'm

reading from a field operations division policy and procedures city hall security unit and it says signs exceeding 11 x 17 in size are not allowed in city -signs exceeding exceeding 11 x 17 are not allowed in city a. does not say a prohibition will be got from the clerk of the board from the board of supervisors has also signs mounted on sticks or polls are not permitted. banners are permitted only when specialized good small paper or cardboard signs no larger than a 11 x 17 that can carry thy hand are allowed. so you are saying [inaudible] the clerk of the board says you are wrong. i like to comment on a couple things that did happen since you brought up the subject.

first is to commissioner keane. what i fully appreciate commissioner keane's after excavation about one to help mr. patrols and presenting his case it 5 min. i do know about anybody else but on going to be presenting a case i do very careful preparation in i use the 5 min. when i'm interrupted in the middle of my 5 min. i consider that a breach of my first amendment rights could just as any of you, if i interrupted while you are speaking, would consider it a breach and grounds for removing me. as for of you out of the five are attorneys i would use the comparison you can advise a client to do anything you think is possible that the client has no obligation to follow your advice. very often if i'm the speaker and i only have 5 min. i may not want to go off on the tensions and i may want to use my 5 min. to its most effect and i think i should have the

option of saying thank you for your help but. especially given the help i normally get is 99% of the time nothing but an attempt to throw you off track. to supervisor kopp he asked people to identify themselves in a lead from the brown act. write to the public. under the brown act the member of the public can attend a meeting of the legislative body without having to register or give other information as a condition of attendance. while i appreciate the fact that supervisor kopp is certainly free to say if you don't identify yourself i will give you as much credit for what you have to say is entitled to say that. however he is not entitled to tell a person because the law goes on to say that if you ask a person to identify themselves you must tell them they are not required to do so. now that's just a couple of examples. i don't have a lot of time. it isn't it a kind of shame i am member of

the public have to come here and read the sunshine speeders and the brown act to be to the ethics commissioners. >> mr. chairman, may i ask the gentleman a question? >> yes >> what section of the government code is that? >> it is the brown act as provided by >> it's in the- >> would you please let me answer the question? >> answer my question. what section of the government code is it? thank you. >> other public comment? >>hello. my name is michael petrella spit on the proud candidate for the bart district 9c and i believe this body has been infringing upon my first amendment rights. at the last

meeting you directed the deputy city attorney to come up with an opinion about signage and free speech at this body. that item is not on the agenda. i've not received the opinion from the city attorney. however on october 11 the city attorney responded to me regarding a sunshine ordinance complaint i filed against this body and the city attorney has written, this was on about what happened last month that was no violation because of the city attorney's office was not and is not in possession of a written policy prohibiting political signs and hearing rooms other than the policies already provided to mr. patroclus by the sheriff. i repeat, the city attorney's office was not and is not in

possession of a written policy prohibiting political signs and hearing rooms. yet an extra of a law professor, the spouse of the former city attorney and for lawyers on this panel are trying to stop my first amendment rights from having holding a socket i can wear a sign on my chest but i can't hold a sign on paper. there is something wrong with this policy you are trying to promulgate without any public discussion. now, because of last month's incident where you all were interrupting me and infringing upon my first amendment rights as if this were your courtroom which it is not,this is a taxpayer-funded room. the tv is taxpayer-funded communication that i should have access to. vicki hennessy, the sheriff on september 27 wrote to her chief of staff eileen hirst. vicki writes i've

reviewed disagree items i have and do not see a probation on signs. the only thing mentioned is signs mounted on sticks and poles are not prohibited in city hall. the city attorney and the sheriff are telling you there is no law prohibiting my first amendment rights to hold up a sign that says, michael patroclus for bart board. you must start honoring the first amendment protections guaranteed to me. and allow me access to taxpayer-funded television.. thanks >> as mounted on a stick so you're only which contradicts you. >> any other public comments? all right. turning to agenda

item 3, discussion and possible action on draft minutes for the commissions september 26, 2016 regular meeting. any comments from any commissioners? >> just, mr. chairman, on page 3 there is a, at the top the sentence that begins the reason being that body such that i think the word should be such as this. not such of this. >> all right. any other commissioners comments

>> do i hear motions ? >> public comment? >> thanks, much commissioner charlie marcello for the record. on page 4 at the bottom i was quoted as to the question of a subpoena power of the commission. i said that i didn't think that it was necessary for the commission to invoke its agenda powers get a simple letter would do. i don't want to toss subpoena around to liberally. >> how would you like that to be restated in the minutes? >> i drafted a something here but i also forgot my glasses. so it said he stated that he was not sure whether the commission leads to invoke its subpoena power, a simple letter

should do.and welcome back ms. hayon >> commissioners, i will call your attention to page 2 of the minutes. agenda item 2-3 where you'll see there a 150 word summary provided by me. the reason those are in there is because any member of the public as old six hours by the sunshine ordinance passports if they provide 150 words or less word summary of the public comments have the right to have those in the minutes. the reason i do this is because public bodies cannot be trusted not to censor a bridge mischaracterize misrepresent and otherwise abridge the rights of the citizens of san francisco and of the united states. the bottom line is i

say a lot of things you don't like. so all of a sudden it becomes we don't like your tone. we don't like you use the word. when earlier there were things read at the beginning there's no cursing, there is nothing in the law that prohibits me from using a curse good i'm not allowed to curse at you but i've heard the member of the board of supervisors melia cohen referred to mr. patrols as an axle in a public hearing. so are you saying public officials can call the public games like that but we are not allowed to even use the word? seems like a kind of double standard to me. i heard her say it in a board of supervisors full meeting and refer to something one of the people had said as bullshit. i use the same word in the lottery commission meeting and-old, the children.

the children. there seems to be a double standard. you can set these rules and very frankly as we saw in the last item using to pull these walls out of the air. you can be told by competent authori authorities like to share for the clerk of the board that is in a rule and you will still sit there and insist on it. when someone tries to say that is not fair as mr. petrella's has tried, you stop them. you don't give them a opportunity and i would suggest you read what's his name, i can't remember his name could norton versus the city of santa cruz, especially the concurring opinion of the chief judge kozinski of the ninth circuit is it will be truly meaningless if when someone's right to speak were challenged they were not allowed the opportunity to rebut the challenge. yet what happens in these things is a person in the

chair simply makes the rolling. there's no opportunity for discussion but even among the other members and of course none of the other members even though they taken office of support to defend the constitution of the united states will not stand up for the member of the public. will simply allow them to be dragged off which is an awful order and unlawful detention. >> thank you. >> hello michael patrols good i'm still running for the bart number nine seed i must read objective these draft minutes of especially under item 2 referring to my attempt to 3 min. of uninterrupted first amendment protection, free speech at public comments. these minutes do not reflect the relentless interruption from the ex-judge cop at this were his courtroom. there was no effort by any of you to stop

his infringement upon my first amendment rights. to see the 6 min. that transpired reduced to these few sentences that does not accurately reflect how you were attempting to infringe upon my first amendment rights is something i object to. your minutes are not reflecting reality. now this relates to your meeting the courtroom which is not a law. i wish to point out in this meeting decorum you say that name-calling is not allowed. persons who engage in not name: shouting interruptions and other distracting behavior may be asked to leave. you also prohibiting the drink enough fluids and yet all of you have pictures in front of you and

even drinking water in this room. i wish to point out minutes do not reflect the name-calling from peter keane against the last one. the minutes do not accurately reflect the interruptions and other distracting behavior of you, the commissioners, when i was trying to engage in my first amendment protection of expression by holding a sign. you are minutes need to be revised. along with how you are conducting the people's business in the people's building with taxpayer funded sfgov tv broadcasting. it is no longer okay for you to interrupt us and to call us names and to promulgate illegal

meeting decorum, to silence speech you don't like. shame on san francisco's ethics commission that you are not honoring and protecting the first amendment. thank you. >> do you have any suggestions or vision for that part of the minutes? mr. petrella's? anyone else? all call the question. to those suggested changes from commissioner kopp and mr. marsteller. all those in favor say, aye >>[chorus of ayes] opposed? the minutes are approved and carried unanimously. turning to item number four, discussion of

education compliance program update. i want to complement the staff on what i think was a very good job of that memorandum and i'll be happy to have you flesh it out and answer any questions any commissioner may have. >> good afternoon commission give my name is jarrod floris and of the outreach and compliance officers. i'm joined here with pat peterson who is the other region compliance officer. basically, we created the information election 2016 as a snapshot in time report to really kind of showcase not only our campaign-finance dashboard page but also tells story with what's going on with the election this november. we wanted to show how much contributions were being raised and how many expenditures were

being spent in this election. >> any the commissioners have questions or comments on the memorandum? >> i like to compliment you on your work and a fine job. >> thank you very much. >> i would like to associate myself with commissioner keane's remarks mr. floris. >> thank you. >> i should say what the executive director is in the process of doing, not there yet-but is setting up the agenda so that we cover every month the various activities i division and by responsibility with a report on them in the agenda will be in a standardized format. there's nothing to report it will be so

but it certainly gives an insight into what each one of these permits within the ethics commission staff are doing. i will call for public comment on item-i'm sorry. >> jared i have a question on the 29.1 million, is that more or less than what's been raised in previous years? >> i've a feeling it's been a lot more than previous years, yes. as actually as i believe yesterday, that figure is now 34 million. >> thank you. >> commissioner hayon >> i just want to comment and ask what the charts are two large extent self-explanatory i just wondered if there's any additional elaboration or observation or analysis that either you mr. florez or ms. pallo would like to offer or

give at this time? >> right now were actually still in the process of reviewing all the data that's come in. we had a filing deadline on this month and so we are reviewing all the data to make sure all the committees are in compliance with all the state and local campaign-finance laws. right now that's early in review. >> great. >> just as a postscript, after each election you recall we do have the responsibility of reporting back you in the board and the public about the public financing program. so we are hopeful with the analysis were setting ourselves up for as these numbers come in will be able to provide a more robust information to you after the election is over. i was asking -who oversees the audit and public financing program with the figures look like historically and she said these are pretty much on par with the recent similar elections but those are where there were a

lot of candidates running as a pure will try to provide great a context for you when we have that analysis as the reports come in. >> thank you >> any public comment? >> hello larry bush again from friends of ethics. i would like to say first of all at our friends of ethics making the other day people were thrilled at the completeness of this report. it's much better than anything we've seen the past and we certainly salute and apply it. there's a few things you might consider doing in the future get one is that the cut offer 24 hour recording it the day before the election. our experience is a lot of spending takes place on election get it magically spending to get voters to the polls. and phone banking and so forth. that's not captured under the current porting system until the report that comes in at the end of january. which is too long to wait. i would suggest that you

actually have reporting that goes for a full week after the election because if you decide to take a look at when contributions come in i think you'll see the heaviest contributions coming at the end particularly when races are highly competitive. that's my only thought on that. >> thank you. any other public comment? >> commissioners san francisco open government. what you saw last month was my reaction to

the fact that when you ask legitimate questions you get people we there sit in silence or make disparaging comments about what you are saying or who you are or what you are trying to achieve. i would not be so angry if i had not been doing this before this ethics commission for almost 8 years now. if i had not had 29 orders of determination from the task force not one of which you have even bothered to do an honest investigation of. i asked a question the last on this item was on the agenda and it was a realistic question at cool is this for? yes, there's some nice information and the only thing i've learned since then is from mr. bush just now who said we got this and we found it very useful. i asked specifically what is the purpose? is this being sent to the members of the public, posted for the league of women voters? what is the purpose of

this or is it simply a document that's presented here at the ethics commission with a dozen or so people who see it and that's the end of it? now i agree good i agree with mr. bush does a lot of good information but who is going to get it and why is it such a burden to respond to a legitimate question relating to what is the purpose of it and what is the extension of its being sent out. what is it circulation? what is it hoping to achieve spirit doing it is one thing. but i would assume the persons were doing it had a purpose in doing it and they also said in part of that determining that purposes whether who they hope to

approach, how they hope to affect them whether they wanted them to vote, whether they wanted to simply know the numbers, whether they wanted to give this information to people who monitor the ethics commission and the conduct of elections, and i don't think it's unreasonable to ask questions like that but when you do you get people sit there in silence and act like you're asking some sort of idiotic question. i taught for university of hawaii for 14 years the first thing i talked in every class was if you have a question asked it. i'll guarantee you two things. one, every question you asked your going to think maybe this is a stupid question and i will look bad but i'll guarantee you there's at least three-four or more people sitting there with the same question because i stand up. see them sigh with relief when you ask what they were afraid to ask. second, ask questions because the only stupid question is the one you don't ask because you never get an answer for it. >> thank you. do you want to provide him with the information he's requested >> yes. thank you chairman renne i'll be happy to get the

initial election update we provided last month as well as this one were designed to help people understand and have some context for the election of members that we are seeing. it's primarily designed to be a tool 12 peoples interest but the election about campaign-finance data about third-party spending and other activities. so to that end we only attached it to the agenda item but when the reports were finalized we also sent them to are interested persons can we push them out to interested persons list. the idea is that it will help drive people to go to our website to go to our dashboards. look further into information and to let them know there's a place in the city where they can go to get objective direct information about candidate expenditures and third-party spending another spending is city of ashley it's an educational informational tool >> is there any contemplation that will be put on the website so that the general public can

pull it up if they want to? excuse i need to confirm if it hasn't been posted but we are developing on her website is forgetting to ready to roll it out this fall the place where we will have this information that people can click on. it may not achieve that yet but we have a lot of work to do to make sure were getting a lot of information out publicly on her new website. we will check into that >> any other public comment? hearing none, we will go to item -i tend to item number five which is discussion of enforcement program report. i want to complement jessica for what i think is a very very thorough discussion of the enforcement activities and where you are going and what you hope to accomplish in the future when you get some support >> thank you chairman. i want

to start by just giving you an introduction. we put this report together in response to commission interest at the september meeting for information about how the enforcement process works and what is happening with all the matters in preliminary review or dance to formal complaints in our investigation. i want to get to all of that first, but i'm sorry-in a moment but first i want to provide you with an update on the cob of them. in september you advised or i guess moved i think was a motion-to have the staff sent a letter to mr. colwell about the electronic act up files for his calendar entries for july august september 20 think it i included the back-and-forth exchange i had with mr.-on the subject and the conclusion is those files can be retrieved in the form if they were an e-mail form. if someone sends an e-mail to somebody about mr.

--those e-mails can be retrieved but the calendar entries themselves are lost wwhen they were deleted. so with that behind us i will move on to the remainder of the enforcement report. we hope this type of data will be something to provide it to you for every commission meeting so it will be an ongoing update and you can old us accountable for some of the things we say were going to do in here. as you know, when i started we had already undergone a pretty extensive program at policy analysis what needed to happen at the commission in order to advance some of the goals we all share common goals for fair and transparent, fairness, transparency and parents eat and accountable enforcement of the laws good education and compliance, advice responsibilities and on that compliance this number provisions very relevant to my position including a review enforcement regulations and

review of all the other ordinances that the commission enforces. so as an initial matter we can and i reviewed that policy planet made some decisions about coyotes and where i should focus my time. my first thing that i did in conjunction with other staff members including our current investigator catherine was to review the current enforcement process and she was an excellent teacher and help me understand how works quite well. i also asked andrew to reach out to them. that's what omar go over with you to because i think that will be helpful. essentially the charter is what governs and enforcement as an initial matter. is that a lot of provisions in its fairly detailed about how investigations and enforcement is most work at the staff level. you have adopted regulation to the enforcement regulation those were first adopted i believe in 1997 and were amended periodically but last, in 2013. those enforcement regulations would

appear to be the best attempt to marry reality with how the charter expects enforcement to happen. so initially i will say when the complaint comes to the door we consider that to be a matter under plymouth area review. retrieved all claims filed with us the same. we log them on a system and assign them a case number and then contemplate what else needs to happen based on this complaint before we can move it along to probable cause or an investigatory phase. the information about what's log as complaints and what reaches the investigatory phase is provided to you by leeann on all monthly executive director report to that portion we pulled out and put it out into the enforcement report going forward. the complaint obligates us, however

we treat all complete similitude even if it comes in verbally or in handwriting or by e-mail we treat them all the same as an initial matter were obligated to investigate any complaint that comes in that's been sworn under oath and that we have a reason to believe violation of law has occurred based on the allegations set forth in the complaint. so by that very definition the complaint it for good or obligate to investigate it the complaint itself needs to be fairly robust at denny's be a fair amount of information there to credibly articulate what i wish of law has occurred did i say that because a lot of our complaints are one-page documents were simple e-mails. sometimes verbal complaints carefully do a lot about those things because there's not enough information to substantiate what we can do. we can initiate complaints on her own would do that fairly frequently and have our developing and have issued policy on how to do that as an internal matter. according to regulations to determine whether violation of law has occurred we are allowed to engage i mentioned before atlanta marriott review. we can

view relevant documents: we can in formally interview a complainant. we can communicate with the respondent and we can conduct inquiry necessary to reach the conclusion that there has been a violation of law weather hasn't released with a reason to believe a fair reason to believe one exists. if after that limit or and reviewed we think that doesn't appear to be a violation of the law and we can dismiss the complaint and we send summers ago dismissals to you every month. if we believe there has been a violation of law if we have reason to believe that dust immediately send those complaints to the city attorney and the dist. atty. for their review. in the city attorney and dist. atty. get to decide whether their offices want to investigate the complaints also. they have to get back to us within 10 days with their decision. their decision doesn't in any way impede our ability to continue with our investigation however. there are circumstances where the dist. atty. has indicated that criminal investigation would take precedence over our investigation and that would be

to prevent like witness confusion or statement confusion in the two competing or julie investigation. whatever the dist. atty. is made that request historically we have adhered to that request. so the matter reaches the point where we are referring to the city attorney and district attorneys office we got a reason to believe a violation of law has occurred we move forward with a formal investigation of the matter. in this phase we engage in what amounts to a full-blown investigation. we discussed the violations we can subpoena records. we look at everything we need to nor to formulate the basis for probable cause. we are aiming for probable cause because probable cause is the next age of the investigatory

process according to the charter. the enforcement regulations further govern the process by setting forth how probable cause reports are developed, what they need to contain and how the commission needs to treat them. the probable cause report has to include a summary of the evidence and all the allegations against the respondent and respond well the right to counsel when the probable cause report is considered by the commission. the charter gives the commission the right to sit as a panel at the probable cause hearings but also says you can appoint an individual commissioner to serve as a probable cause hearing officer or hire a note outside hearing office. impact as though the commission is that as a panel for these probable cause hearings. if the commission finds that there's been probable cause and a violation of the law has occurred than you are to order an administrative hearing. the administrative hearing is the full-blown hearing had with the netsuite last month with a court reporter comes and testimonies given under oath. staff must issue an accusation which is the equivalent of a complaint filed in trial court.

against the respondent within 10 days of a finding of probable cause. parties engage in additional discovery but as a practical matter all the investigation has already occurred because we needed to put together a probable cause report. once again the commission seats as a panel to hear a hearing on the merits of an issue. however you have the right in the charter to again, appoint an individual commissioner to hear the matter and issue findings of fact and conclusions of law for the full panels consideration reagan hired outside hearing office. in practice though use that as a pair. now one thing i forgot to mention until now is that the probable cause process, from the complaint to the probable cause hearing conclusion is all confidential under the charter. the charter states all complains are to be treated confidentially to the extent allowable by state logic was probable cause has been issued in the accusation comes from accusation for the remainder of the process is open to the public. so after this review and with this understanding i got i identified some areas where we could use some improvement in terms of the prospect and in terms of resources. i'll start

with some resources that we need to improve our process. you know with we completely and fully understand and do not back away from any allegations we have too many matters in parliamentary rebuke it we have too many matters that are still in investigation and take long time those matters to be investigated. we know it's taking too long. so with an eye towards improving that efficiency improving a process, we've been working internally to identify those problem areas could the first that we have identified, which we and has artie got started before i came on board, his staffing issue. historically the commission has had--enjoyed really-four investigators are working towards full time to review matters that come in the door and to investigate those matters and bring them to the commission for final hearing. starting in 2008 we lost

investigators and unable to replace them due to budget consideration in 2008 we went from four, 23 investigators and in 2004 team we went onto to inmate of this or we have one investigator. leon has been working diligently to fill those positions we're hoping will be able to post them two of them at least very soon. that's an obvious first solution but what have we been doing in the interim and what can we keep doing it until there fills? honestly posting to fulfillment can take some time so my not be until winter until we have our full group back working on these matters. so in the interim, our investigator has been working diligently to work through the limitary review case look at a summit with andrew weasley and would look at some manpower on the subject and issue spot

ideas where we could identify matters that need to be investigated. she has been doing a great job of going through a dismissing right-of-way matters where we lacked jurisdiction because we don't want the public to think they have something with us when they don't does we don't have jurisdiction. we also have been contemplating and theorizing how best to do an educational campaign for when we are fully staffed and we can alert the public how our jurisdiction our authority relates to their daily lives and what they're seeing in their public officials and in their government employees. we have also been working to develop collaborative partnerships did i mention we been working with the city attorney's office on some review per limiter a matters. we also all travel to sacramento in september to meet with the f fpc do some research and introductions to open up doors for joint investigations would be at ppc. we are reviewing our internal enforcement process to determine where we can shorten times spent on each step as an internal matter. we also met with the district attorneys and city attorneys separately to

discuss what matters are retaining what we can do to do a better job to get them the information they need in order to conduct the investigations they need. you know that we are also undertaken according to the annual policy plan review of those regulations for recommendations for amendments and approvals. i set forth a detailed policy or detailed plan for how were going to go through that process at page, i think, six of the enforcement report. in case you want to see it in detail. i will say as an initial matter that ten-day turnaround from probable cause, funny, to accusation is something i've pinpointed as either needing to be expanded or rethought so that all the investigations isn't being undertaken pre-probable cause to the we can get matters to you for probable cause finding earlier and then go on with the discovery in the context of

litigation quicker. we are also looking at approving the efficiencies in the regulations. finally, either working with leeann and others would invite areas where we need to really hone in on how we prioritize our work. i think this is probably one of the more important areas because we can do all the regulation and ordinance changes we want to, but if we are not really having a discussion about internally and how we can change our processes that we are failing. so as you know we have three areas of original jurisdiction get governmental ethics laws and were the mayor's office would file charges before the commission for official misconduct and whistle power and sunshine ordinance matters. as a practical matter we've only had to the mayor's office charges ever filed before the commission in its history. we only spent a ton of time on the. that's not a time management issue. the majority

the vast majority of our complaints come under the umbrella of governmental advocate the campaign finance, the conflict of interest code violations. then we get a minority [inaudible] not insignificant minority of complaints coming as a result of our authority under the whistleblower ordinance and sunshine speeders. i want to talk about those two specifically because there fairly time-consuming and our attention is required of those immediately because the way the laws are written. the whistleblower ordinance gives us authority to investigate complaints filed with our office and filed with the comptroller's office involving allegations of laws under our jurisdiction campaign-finance conflict of interest, etc. they also give us jurisdiction to investigate any retaliation complaint that filed our office, any retaliation complaint. that's where it gets

a little bit tricky because we currently don't have any expertise in some of the areas where we are being asked to investigate claims of retaliation it is usually very complicated and complex personnel matters. that we are doing with claims of retaliation so it takes a lot of time to get to know that department, to get to know the people involved to wonder stance of processes in place for that department terms of employee rights and employer responsibilities before we can reach the point of probable cause. so as a practical matter it takes a great deal of time but we also want to treat it with the sensitivity and care it deserves because these are people scares careers sunrise. the other area where we have authority and people can file complaint with us is under the sunshine speeders. there is as you know from last month, we've authority over willful violations of the sunshine speeders by elected officials and department heads that we have authority of referrals from the task force. we've authority in a couple of other ways but those are the main categories of information. the fact that we can initiate our own complaints be up or handle the referrals from the task force among these people

believe they can file their original combines with the ethics commission did so that means that were getting people who've not gone to the task force, people love not reach out to any other agency for enforcement filing complaints with us for [inaudible] sunshine speeders but what does that mean for? it means were spending a great real-time look at saks or records to determine whether or not information was properly redacted. spending time interviewing public information officers to see deadlines were complied with whether the nuts and bolts of the sunshine ordinance provisions were met. we are not sure the law requires us to do that might be a fix we can do within the regulations were within some policy change but as a practical matter what's happening and we are respectful of the people filing complaints with us and try to do our best job. the sunshine speeders in self requires us to have an answer for people very quickly and required to update them constantly. i think it's like

every 10 days or 40 days we have to update people about the progress. we are also required to put it on your commission agenda for the very next meeting june which means we have to investigate and prepare for a commission meeting on sunshine ordinance as quickly as pocket lemmings were dropping everything out you were a number any ongoing investigations and complex commitment in order to handle the sunshine ordinance matters. so long-term solutions evaluating the laws commissioner kopp rightly pointed to some areas that should be considered for revision at the last meeting but we were already going into it and alice of the sunshine spins and regulations to determine whether other areas we can improve the process of improving efficiency guide outlined a plan for how to do that on page 9 where page 8, i think, the enforcement report. and finally on to talking about just a plan for going forward. once again i mean this was all planned for going for immediate attempts at triaging and fixing the processes that are going on

right now. that nature into my page of my report. i do know we have attached the data that you like to see every month. we currently have 84 matters in preliminary review. i would like to put some context to that number for you. it's in april of this year before we left our second investigator left, only 43 matters were implementor eight review. so are matters implementor eight review the matters we been unable to get to have doubled since we lost our investigator. there was upper back and that we do not have an executive director who can approve dismissals and so the matters backed up as well. we've also had-we have been reorganizing

and restructuring the office because for a number of reasons but within the enforcement program particularly tomorrow investigator is used to also manage compliance test for certain programs. so they were indian vice and reminder giving business in the intake of form business on entire programs rather than doing investigations exclusively. now hopefully were transitioning them to doing investigations and enforcement 100% of the time. i also want to just statistically in october of this year of the 80 formatters are implementer eight review 74% of those are less than six months old. but in april only 56% of those were less than six months old. so we have been seeing a lot of complaints coming in because it's the election season that we are doing with those as quickly as we can with the staffing levels that we are faced with. so going forward, our immediate priorities to deal with that back load, august, were taken

on these ongoing programmatic regulatory reviews processes very seriously and well reports for you on that process as we go forward. we are also going-we have been prioritizing. number one is elections related complaints. if the matter has to do with if the complaint has to do with the matter right now that is a real-time impact on this election we are treating it with priority. our second priority has to be sunshine speeders and whistleblower investigations because of the way the laws are written on the subject. then our third priority is to go through the oldest matters implementor eight review and the oldest open investigations as quickly as we can get we are working toward that now. so with that i will conclude and take questions if you have them. >> anyone have any? mr. kopp >> yes. i appreciate the fact

that complaints and the resultant complaint law which is provided to commissioners as confidential is required by charter provisions. so i don't know how far i can go publicly asking questions but i think you said there are 84 pending complaints or did i miss here? >> that's great. there's 84 matters implementor eight review which means- >> under: interview, not reflected in the law? >> right. the law yes. >> all i know is the law >> you have the log which is 23 i think right now

>> now one area your report didn't seem to cover was something i mentioned in passing but i will reiterate now is the number of planes which investigations that because the da says don't investigate further on the premise of the da will handle this. without conveying any complaint log specifics, there's a lot of those andhave you considered whether there should be a time limitto cease investigation?

>> yes. i, like you found that to be awed when i started and conducted my initial review. so what we did is that with the dist. atty.'s office. i can't recall how many matters were suspended by the district attorney at the time but was a lot. they went through-we went through the list of matters that were suspended at the request. they explained to us that the reason why they were asking us to suspend our investigation was because they didn't have two lean investigations >> well that's always the claim. >> i agree >> for a prosecutor, always a claim. whether it's a legislative body or administrative body. >> we push them >> count me as a skeptic >> i might be in your camp. we push the district attorneys representatives there to list the bands and let us go forward with investigations were

frequently and more openly can we even propose a joint investigations where we would both engage in investigations together so there would not be doing interviews. they were for that in some instances and again sent in some others and compelling reasons we can discuss more privately discuss. >> is this allowable as a closed meeting issue spirit discussions. >> yesterday >> it is >> yes. in the future you want to discuss critically >> mr. chairman would like that to occur. >> on the november counter? we can put it on the november agenda >> please. >> okay >> so there's no resolution as far as an agreement with the da on a time and? >> we get reach a resolution. the da has agreed that unless the matter involves complex or complicated additional crimes

like some of the things they've kept our for matters with the sei is involved, in the absence of that level of complexity, we are going to be allowed to proceed with our investigation other simultaneously upon the filing of charging documents. >> on the what? >> on the filing of charging documents from the da >> but no particular limit like 90 days? >> no. >> we suspended if you don't do anything in 90 days we resume >> that's true. i think you'll see a decrease in the number of matters that are suspended however >> i also would like that enforcement with a time limit. i invite your advice and suggestions and recommendations on what would be appropriate. >> okay. >> finally, is there a generic

reason why, for example, an item would be returned to us by the district attorney and then it just lingers for a year or plus or minus? >> there is no specific reason for that is just the overarching issues identified previously. we are working very diligently to try to get to those matters as quickly as possible. >> the objective is to clean up the list? >> is to get justice, right could enforce the law. that's the objective. we don't like having people proper for the commission years after their election campaign or after the violations were committed. it doesn't help with deterrence. doesn't help with the purpose of enforcement doesn't help with our ability to get penalties we would like everything to be sure to get we like to get tt